Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v T & K (3 February 1994) YC, Tauranga, CRN 3270010963-64 & ors, Callander DCJ

Name: Police v T & K
Unreported
File number: CRN3270010963-64; 3270010961/3287006682-83
Date: 3 February 1994
Court: Youth Court
Location: Tauranga
Judge: Callander DCJ
CYPFA: s215, s216, s221, s222
Charge: Robbery
Key Title: Admissibility of statements; Rights; Nominated Person; Arrest without warrant

Summary: Challenge to admissibility of videotaped admissions as CYPFA requirements not complied with in that: (1) T & K were not properly warned when required to accompany the Police officer/warning not given in language they could understand (s215 CYPFA); (2) T & K not given the opportunity to nominate their own nominated person and that even if they failed or refused to do so, the person nominated for the role did not carry it out in the proper manner; (3) no legal authority for way in which T & K detained short of arrest and that at the point of detention, the warning should have been given. Obligations under s215 discussed; obligations under s222 discussed; R v Accused (CA 311/91, 19 September 1991, 8 CRNZ 119, 121). Held: Police officer did properly advise the two youths as to their rights but statement inadmissible as, once de facto detention of T & K occurred, the rights should have been put again. Further, nominated persons should not sit passively by and the evidence is mute as to what assistance the nominated person (who was a social worker called by the Police officer) gave as to what was likely to occur in terms of the video interview.

Decision: Statement inadmissible.